HB106 H ED AM 5-18 #1
The Committee on Education moves to amend the bill on page
one, following the enacting clause, by striking the remainder of
the bill and inserting in lieu thereof the following:"That §18-5-17 of the Code of West Virginia, 1931, as amended, be
amended and reenacted; and that §18-9A-5 of said code be amended
and reenacted, all to read as follows:

CHAPTER 18. EDUCATION.

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-17

. Kids First compulsory comprehensive health screening;
developmental screening for children under compulsory
school age.(a) All children entering public school for the first time in
this state shall be given prior to their enrollments screening
tests to determine if they might have vision or hearing impairments
or speech and language disabilities: Provided, That a comprehensive
health screening obtained within the previous twelve months from a
licensed medical professional authorized to provide screenings
meets this requirement. County boards of education may provide,
upon request, suchthe screening tests to all children entering
nonpublic school. County boards of education shall conduct these
screening tests for all children through the use of trained
personnel. Parents or guardians of children who are found to have
vision or hearing impairments or speech and language disabilities shall be notified of the results of these tests and advised that
further diagnosis and treatment of the impairments or disabilities
by qualified professional personnel is recommended. (b) Effective January 1, 2011:
(1) Students entering public school for the first time in this
state, students entering third grade, students entering sixth grade
and students entering ninth grade are recommended to have a
comprehensive health screening. To meet the requirements of
subsection (a) of this section, parents or guardians of children
who have obtained a comprehensive health screening within the
previous twelve months must provide the appropriate documentation
to the school prior to a student's entering public school. The
school shall recommend to parents or guardians of students that
have a recommended comprehensive health screening to submit the
appropriate documentation to the school within forty-five days of
a student's entering third, sixth or ninth grade, as applicable.(2) For the purposes of this section, "comprehensive health
screening" means an examination performed by a licensed medical
professional that is limited to the following indicators:
(A) Vision (acuity screening, wears corrective lenses);
(B) Hearing (hearing screening, wears hearing aids);
(C) Speech and language (communication skills, fluent speech);
(D) Developmental (Fine motor skills, Gross motor skills,
cognitive skills, social skills); and
(E) Dental (oral evaluation).
(3) A county board shall provide developmental screening for
enrolled students only if a comprehensive health screening
identifies a suspected deficit. Nothing in this subdivision limits
the authority of a teacher in conjunction with the student
assistance team to recommend developmental screening.
(4) County boards shall:
(A) Coordinate with parents or guardians and community health
care providers to ensure that the importance of obtaining a
comprehensive health screening for their child or children and that
requirements of this subsection are communicated to all parties;
(B) Enter in the West Virginia Education Information System
the documentation of a comprehensive health screening as defined in
this subsection. The information shall be entered by WVEIS Date
Entry and Administrative Clerks authorized by the county to enter
student health information; and
(C) Coordinate with parents or guardians and community health
care providers to ensure that suspected deficits identified through
a comprehensive health screening are addressed through referral to
specialty healthcare providers, county board student support
services or both.
(5) A county board may not refuse to enroll or bar the
attendance of a student nor take action to compel their parent or
guardian for the failure or refusal to obtain a comprehensive health screening, or for the failure or refusal to disclose the
contents of a screening, required under this subsection.(b)(c) County boards of education shall provide or contract
with appropriate health agencies to provide, upon the request of a
parent or guardian residing within the district, developmental
screening for their child or children under compulsory school
attendance age: Provided, That a county board is not required to
provide suchdevelopmental screening to the same child more than
once in any one school year. Prior to providing the developmental
screening, the county board shall provide information on and
recommend a comprehensive screening as defined in subsection (b) of
this section. Developmental screening is the process of measuring
the progress of children to determine if there are problems or
potential problems or advanced abilities in the areas of
understanding language, perception through sight, perception
through hearing, motor development and hand-eye coordination,
health, and psycho-social or physical development. The boards
shall coordinate the provision of developmental screening with
other public agencies and the interagency plan for exceptional
children under section eight, article twenty of this chapter to
avoid the duplication of services and to facilitate the referral of
children and their parents or guardians who need other services.
The county boards shall provide notice to the public of the
availability of these services.(c)(d) The state board of Education is hereby authorized to
may promulgate rules consistent with this section. The State
Superintendent is directed to apply for federal funds, if
available, for the implementation of the requirements of this
section.

ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-5. Foundation allowance for service personnel.
(a) The basic foundation allowance to the county for service
personnel shall be the amount of money required to pay the annual
state minimum salaries in accordance with the provisions of article
four, chapter eighteen-a of this code, to such service personnel
employed, subject to the following:
(1) For the school year beginning on July 1, 2008, and
thereafter, no county shall receive an allowance for an amount in
excess of service personnel per one thousand students in net
enrollment, as follows:
(A) For each high-density county, the number of personnel for
which a county shall receive the allowance shall not exceed
forty-three and ninety-sevenforty-four and thirty-seven one
hundredths service personnel per one thousand students in net
enrollment;
(B) For each medium-density county, the number of personnel
for which a county shall receive the allowance shall not exceed
forty-four and fifty-threeninety-three one hundredths service personnel per one thousand students in net enrollment;
(C) For each low-density county, the number of personnel for
which a county shall receive the allowance shall not exceed
forty-five and one tenthhalf service personnel per one thousand
students in net enrollment; and
(D) For each sparse-density county, the number of personnel
for which a county shall receive the allowance shall not exceed
forty-five and sixty-eightforty-six and eight one hundredths
service personnel per one thousand students in net enrollment; and
(2) Where two or more counties join together in support of a
vocational or comprehensive high school or any other program or
service, the service personnel for the school or program may be
prorated among the participating counties on the basis of each
one's enrollment therein and that the personnel shall be considered
within the above-stated limit."